What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
More information about Negligence
What Are the Tire Requirements for Commercial Trucks?
Truck tires play a vital role in a commercial vehicle’s safety, directly impacting braking, steering, and driving performance. However, over time, tires can wear down and become hazardous, putting everyone on the road at risk. Commercial truck drivers and owners must comply with strict tire regulations to ensure safety. If you’ve been involved in a truck accident where tire failure was a factor, it’s essential to understand how tire maintenance and safety standards may have been violated. 
Federal Commercial Truck Tire Safety Standards
Federal Commercial Truck Tire Safety Standards are in place to prevent accidents caused by tire failures. These regulations include minimum tread depth requirements to ensure proper traction, tire pressure monitoring rules to avoid under-inflation, and specific regulations for steer axle tires to provide stability.
Additionally, retread tires must meet strict safety guidelines to reduce the risk of blowouts. […]
Read MoreMore information about Negligence
Signs That a Patient Is Being Neglected in a Nursing Home
Nursing homes are tasked with keeping our loved ones safe, happy, and healthy. Unfortunately, nursing home neglect and abuse can and do happen.
You need to be on the lookout for signs of neglect (which can include emotional neglect) when visiting someone in a nursing home. You may have legal options if your loved one has been a victim of abuse or mistreatment at the hands of staff members. Contact our team at Munley Law for a free consultation on nursing home neglect and abuse cases.
Physical Signs of Nursing Home Neglect
Many signs of nursing home neglect manifest in someone’s physical condition. Consider these examples:
- Unexplained weight loss: Significant weight loss could indicate a nursing home resident isn’t being fed properly.
- Dehydration symptoms: Warning signs of dehydration in nursing home residents include confusion, […]
More information about Negligence
Throop Personal Injury Lawyer
If you’ve been injured in an accident in Throop, the last thing you want to worry about is handling a legal case on your own. Whether it’s a car accident, slip and fall, or workplace injury, the team at Munley Law is here to help you fight for the compensation you deserve. We’ll work to cover your medical expenses, lost wages, and emotional distress. After a car accident, workplace injury in Throop, or collision with a commercial truck, you deserve support and skilled legal guidance. Our personal injury attorney will protect your rights and help you pursue fair compensation. Contact us today to discuss your case at no cost.
How Our Throop Personal Injury Attorneys Can Help You
When you hire a personal injury attorney from Munley Law, you’re entrusting your case to a dedicated team with the expertise you need. […]
Read MoreMore information about Negligence
What Age Can a Child Ride on the Back of a Motorcycle in PA?
Is there a motorcycle passenger age limit in Pennsylvania? You may have questions about the minimum age for motorcycle passengers in the Commonwealth if you’ve been thinking about taking your child on the back of your bike.
Pennsylvania’s motorcycle laws have little to say about the minimum legal age of motorcycle passengers. However, they address other critical safety issues.
At Munley Law, serving the area since 1959, we know obeying the law can’t always prevent harm. If you or your child has been hurt in a motorcycle accident, contact us today for a free consultation.
Pennsylvania Law on Child Motorcycle Passengers
The Pennsylvania law addressing motorcycle passenger safety doesn’t establish a minimum age for passengers. This isn’t uncommon. Most states don’t have laws prohibiting motorcyclists from riding with child passengers as long as they abide by other applicable safety requirements. […]
More information about Negligence
Scranton Car Accident Attorneys
At Munley Law, our Scranton car accident lawyers have seen how devastating auto accidents can be for Scranton families. Our board-certified Scranton car accident attorneys understand Pennsylvania law inside and out, and we use that knowledge to build your case while you focus on recovery. Local insurance companies know our reputation in Lackawanna County – we don’t back down until our clients receive fair compensation.
Don’t let insurance adjusters pressure you into a quick settlement after your Scranton car accident claims. Contact our law firm today for a free consultation with our experienced auto accident attorneys. There is no fee unless we win your case.
Why You Should Hire an Auto Accident Lawyers in Scranton, PA
You might be unsure where to seek assistance following a car accident. Our auto accident lawyers want to be the first and last call you ever need to make because Munley Law Firm has the experience, […]
Read More
